Briefings Index (by article)

1. Volume: 68 Briefing: 913 Date: 2019 Author Stephen Heath
   J v K and Anderson v Turning Point Eespro CA gives some limited guidance in how to accommodate the needs of litigants with mental health problems. Taken together, the cases make clear that fairness depends on the particular circumstances of the case, and that any medical evidence relied on should Go direct to Briefing
2. Volume: 68 Briefing: 912 Date: 2019 Author Rea Murray
   R (DA and Ors) v SSWP and R (DS and Ors) v SSWP SC finds that the revised housing benefit cap did not result in unlawful discrimination. The claimants had not entered any substantial challenge to the governments justification that the scheme would incentivise work and that there were better long-term Go direct to Briefing
3. Volume: 68 Briefing: 911 Date: 2019 Author Geraldine Scullion
   Disability in society the law and the lived experience: the DLAs annual conference Go direct to Briefing
4. Volume: 68 Briefing: 910 Date: 2019 Authors Kiran Daurka Leila Moran
   Calls for reform of legally sanctioned secrecy - the use of non-disclosure agreements in discrimination cases Go direct to Briefing
5. Volume: 68 Briefing: 909 Date: 2019 Authors Ryan Bradshaw Niall Byrne
   Using the European Convention on Human Rights to challenge discrimination Go direct to Briefing
6. Volume: 67 Briefing: 908 Date: 2019 Author Catherine Casserley
   Smalies v Clewer Court Residents Ltd County court confirms rights of disabled people under the EA to make disabilityrelated alterations to their homes. Go direct to Briefing
7. Volume: 67 Briefing: 907 Date: 2019 Author Peter Kumar
   Baldeh v Churches Housing Association of Dudley & District Ltd EAT overturns ETs decision to reject claimants s15 EA claim on the grounds that the employer had no knowledge of her disability. It had also failed to engage with the justification defence. Go direct to Briefing
8. Volume: 67 Briefing: 906 Date: 2019 Author Daniel Zona
   The Governing Body of Tywyn Primary School v Aplin EAT approved ETs findings that procedural failings which were so unreasonable are capable of giving rise to an inference of discrimination. ETs must ask themselves why a disciplinary panel allowed its decisions to be taken by proxy in abdicating their Go direct to Briefing
9. Volume: 67 Briefing: 905 Date: 2019 Author Yavnik Ganguly
   Gan Menachem Hendon Limited v Ms Zelda De Groen EAT overturns ET decision that an employee was directly discriminated against because of the employers belief and employees lack of belief in the prohibition in Judaism against unmarried couples co-habiting. The ET had wrongly concluded that Go direct to Briefing
10. Volume: 67 Briefing: 904 Date: 2019 Author Leila Moran
    NISSA v (1) Waverly Education Foundation Ltd & (2) Newsome EAT considers how long-term should be interpreted for the purposes of the definition of disability for s6 EA. The judgment confirmed the correct test in a case where the impairment had not existed for 12 months, providing guidance and a reminder of the Go direct to Briefing
11. Volume: 67 Briefing: 903 Date: 2019 Author Naomi Cunningham
    ICTS Ltd v Visram EAT dismisses respondents appeal arguing that benefits payable until return to work would have ceased as soon as the claimant was able to return to any reasonable remunerative full-time work; allows claimants appeal from inadequately reasoned failure to Go direct to Briefing
12. Volume: 67 Briefing: 902 Date: 2019 Author James Watkins
    South West Yorkshire Partnership NHS Foundation Trust v Jackson & Others EAT overturns ET decision that a claimant was subjected to discrimination because she was exercising her right to maternity leave. The issue of causation was not properly addressed and there were insufficient findings on the facts to support a conclusion Go direct to Briefing
13. Volume: 67 Briefing: 901 Date: 2019 Author Catherine Rayner
    Efobi v Royal Mail Group CA reverses EATs approach to the burden of proof and restated the principle that the onus, at the first stage, is on the claimant to prove facts showing discrimination. It upheld the ETs decision that Mr Efobi had not backed up his direct race Go direct to Briefing
14. Volume: 67 Briefing: 900 Date: 2019 Author Sally Robertson
    Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust CA upholds ETs finding that the respondents failure to investigate the claimants grievances was direct race discrimination. The ET had correctly ruled that, in not providing a complete explanation for its conduct, the respondent had failed to discharge Go direct to Briefing
15. Volume: 67 Briefing: 899 Date: 2019 Author Koldo Cosla
    The EA socio-economic duty: a powerful idea hidden in plain sight Go direct to Briefing
16. Volume: 67 Briefing: 898 Date: 2019 Author Stephen Heath
    MHA review and why being black in Britain might be bad for your mental health Go direct to Briefing
17. Volume: 67 Briefing: 897 Date: 2019 Authors Marc Willers QC Tim Baldwin
    Discrimination facing Gypsies, Roma and Travellers in the UK today Go direct to Briefing
18. Volume: 66 Briefing: 896 Date: 2019 Author Rea Murray
    R (Z and others) v (1) Hackney LBC and (2) Agudas Israel Housing Association The divisional court held that it was lawful for a small, Orthodox Jewish housing association to provide tenancies to members of the Orthodox Jewish Community to the exclusion of non-members. The association successfully defended a claim of unlawful Go direct to Briefing
19. Volume: 66 Briefing: 895 Date: 2019 Author Catrin Lewis
    Evans v Xactly EAT dismisses appeal and upholds ETs decision that, in this specific context where the claimant was an active participant in inappropriate workplace comments and behaviour, the comments complained of did not amount to harassment. EAT reiterated that Go direct to Briefing
20. Volume: 66 Briefing: 894 Date: 2019 Author Amanda Boyd
    Martin v University of Exeter The EAT upholds the ETs decision to dismiss the claimants appeal. It finds that the ET judges use of a colloquial term (necessarily) when assessing how likely a claimant would remain disabled, was done in a predictive context and did not depart from the Go direct to Briefing
21. Volume: 66 Briefing: 893 Date: 2019 Author Jason Braier
    Awan v ICTS UK Ltd Where a disabled employee benefits from contractual long-term disability benefits, there is an implied contractual term the employer will not dismiss for incapacity reasons. Dismissal in breach of that term will normally be both unfair and a Go direct to Briefing
22. Volume: 66 Briefing: 892 Date: 2019 Author Catherine Casserley
    Wood v Durham County Council EAT considers and upholds the provisions for excluded conditions in the EA disability regulations, holding that a claimant who had shoplifted had been correctly considered to have a tendency to steal and that his dismissal as a result could not be the Go direct to Briefing
23. Volume: 66 Briefing: 891 Date: 2019 Author Elaine Banton
    J v K and another CA overturns ET and EAT and allows claimants application for exten-sion of time to lodge appeal; it provides guidance on the relevance of a partys mental ill-health in the context of such an application. Go direct to Briefing
24. Volume: 66 Briefing: 890 Date: 2019 Author Michael Potter
    British Airways v Pinaud The CA dismissed the appeal and upholds ET and EAT findings that the terms of a part-time employees contract requiring her to be avail-able for work for proportionately 8.5 days per year more than a full-time comparator whilst receiving the same salary Go direct to Briefing
25. Volume: 66 Briefing: 889 Date: 2019 Authors Joanna Whiteman Sam Barnes
    Lord Chancellor & Ors v McCloud & Ors; SS for the Home Dept & Ors v Sargeant & Ors CA held that difference in treatment between younger and older judges and firefighters constituted direct discrimination on the grounds of age. A legitimate social policy aim requires an objective assessment and must, as a minimum, be rational. Go direct to Briefing